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(영문) 대구지방법원 영덕지원 2012.05.03 2012고합1
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:50 on September 1, 201, the Defendant: (a) 21:50, in the Cuba-gun, Ulsan-gun, U.S. (hereinafter “Seoul-gun”); (b) when the Defendant drinking alcohol together with the victim D (n, 51 years of age) who was a multi-party employee who was delivered a coffee, proposed the victim D to put the two vehicles into her rejection; (c) when the Defendant was drunked, he was under the influence of drinking, and was unable to discern things or make decisions; (d) when the Defendant her face was kneed to kne with the victim’s will and panty by pushing the victim D with the upper kne of the victim D’s chest; and (e) took the victim’s face by continuing to do so; and (e) took the victim’s body against the victim who resisted by continuing to do so; and (e) took the victim’s face by taking the victim’s rashing the victim’s body against the victim’s injury.

Since then, the Defendant brought the victim D’s head of the victim D once again with the victim D’s disease, which is a dangerous thing by her hand, i.e., “I swaying, I am for early use,” and subsequently, brought the victim D’s elbbow to the victim D’s elbow for preventing this.

As a result, the defendant carried a shoulderer's disease, which is a dangerous object, committed indecent act by force against the victim D, and put the victim D, who satisfely resisted, with approximately four weeks of treatment, into the right arms in need of treatment.

Summary of Evidence

1. A statement to the effect that, in the defendant's legal statement, the defendant did not commit an indecent act against the victim D, but that he/she assaults and inflicts an injury on the victim D;

1. Witnesses D and E's respective legal statements;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution (including the part concerning the statement written in D);

1. The second police's protocol of interrogation of the suspect against the defendant in part (including the statement in D);

1. Statement made by the police in relation to D, F and G;

1. Each police officer for E.

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